WELCOME TO THE WORLD WIDE WEB SITE OF EMERALD BIOSYSTEMS, (THE "EMERALD BIOSYSTEMS WEBSITE" OR "THIS WEBSITE"). THE FOLLOWING TERMS AND CONDITIONS ARE DESIGNED TO TELL YOU ABOUT EMERALD BIOSYSTEMS’POLICIES REGARDING YOUR USE OF THIS WEBSITE, WHICH IS PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS USE OF THIS WEBSITE CONSTITUTES ACCEPTANCE OF THEM. Emerald BioSystems may revise these Terms and Conditions of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms and Conditions of Use because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
Use of Material on the Emerald BioSystems Website
All content, including the information, artwork, text, animations, video, audio, pictures and media files, (collectively, "Materials") contained on the Emerald BioSystems Website is owned or controlled by Emerald BioSystems and is protected by worldwide copyright and trademark laws. You may access and use the Materials only for personal, non-commercial purposes. You may not modify, reproduce, republish, post, transmit, distribute or use any Materials for any other purpose without EMERALD BIOSYSTEMS’ express written consent. You must include any copyright or other proprietary notice originally included with the Materials, including without limitation the copyright notice contained in the section below captioned "Copyright and Trademark Notices" in any copies you print. Except as expressly provided herein, nothing contained in this Website shall be construed as conferring any license or right under any Emerald BioSystems copyright or other proprietary right
Disclaimer of Liability
Your use of the Emerald BioSystems Website is at your own risk. The Materials, services, information and data (collectively, "Information") made available at the Emerald BioSystems Website are provided "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ACCURACY, COMPLETENESS, CURRENCY OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Neither Emerald BioSystems, or its divisions, subsidiaries, successors, parent companies, or their employees, partners, principals, agents and representatives, nor any other party involved in creating, producing or delivering the Emerald BioSystems Website is liable for any direct incidental, consequential, indirect, punitive or any other damages arising out of your access to, or inability to access, or use of, or inability to use, the Emerald BioSystems Website. This includes liability for damage to your computer hardware, data, information, materials and business resulting from the Information or the lack of information available on the Emerald BioSystems Website or from viruses that may infect your computer equipment.
Sites Linked From the Emerald BioSystems Website
The Emerald BioSystems Website contains links to sites of other organizations solely for your convenience. Emerald BioSystems has not reviewed all of these sites and they are not under EMERALD BIOSYSTEMS’control. Your linking to these sites is at your own risk. Emerald BioSystems, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, do not assume any responsibility or liability for any communications or materials available at such linked sites and do not intend these links to be referrals to or endorsements of the linked entities.
User Submissions
Any non-personal material, information or other communication you transmit or post to the Emerald BioSystems Website ("Communications") will be considered non-confidential and non-proprietary. Emerald BioSystems will have no obligations with respect to the Communications. By sending Communications to Emerald BioSystems, you grant it a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to copy, disclose, distribute, incorporate into other materials and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from the Emerald BioSystems Website any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material that would violate any law. You agree to indemnify Emerald BioSystems for any and all claims, damages, losses and causes of action arising out of your publication or transmittal of information sent by you to this Website or any sites accessible through links provided on this Website. By sending Communications to Emerald BioSystems through this Website, you represent and warrant that you own or otherwise control the rights to these Communications.
Privacy Policy
Emerald BioSystems takes your online privacy seriously. Emerald BioSystems does not gather personally identifiable information about visitors to the Emerald BioSystems Website except as described below. In some circumstances, Emerald BioSystems may request relevant personal information from you, such as your name, e-mail address, company name or telephone number. Your response to these inquiries is strictly voluntary. Emerald BioSystems uses this information to customize your experience on this Website and to process specific requests you may choose to make. For instance, if you do not provide Emerald BioSystems with your e-mail address, Emerald BioSystems will not be able to include you on its mailing lists. In general, however, you may visit this Website without divulging any personal information. Emerald BioSystems may use information about you for internal research and development. Emerald BioSystems is interested in assessing the number of visitors to the different sections of this Website, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas. For site security purposes and to ensure that this service remains available to all users, Emerald BioSystems uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Information in the aggregate, such as demographic information, may be made available to our customers, partners, developers and others through static or semi-static reports. All information made available to any third party will be stripped of personal information and cannot be traced back to individuals. Some pages on this site use "cookies," small files that the site places on your hard drive for identification purposes. These files are used for site registration and customization the next time you visit this Website. You should note that cookies can not read data from your hard drive. Your web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. Not accepting cookies may render some pages only partially functional and you may be unable to access certain information on this Website. In most cases however, declining cookies should have no adverse effects on browsing this Website. Emerald BioSystems will take reasonable steps to protect your personally identifiable information as you transmit your information from your computer to this Website and to protect such information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You should keep in mind that no Internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from this Website may not be secure, and you should therefore take special care in deciding what information you send to this Website via e-mail. Moreover, where you use passwords, ID numbers, or other special access features on this Website, it is your responsibility to safeguard them. Emerald BioSystems will not wilfully share your personally identifiable information with third parties without your express consent except (i) to contractors Emerald BioSystems uses to support its business (e.g., fulfilment services, technical support, and delivery services), in which case Emerald BioSystems will require such third parties to agree to treat such information in accordance with this Privacy Policy, (ii) in connection with the sale, assignment, or other transfer of the business of this Website to which the information relates, in which case Emerald BioSystems will require any such buyer to agree to treat such information in accordance with this Privacy Policy, or (iii) where required by applicable laws, court orders, or government regulations. To keep your personally identifiable information accurate, current, and complete, please contact Emerald BioSystems at webmaster@emeraldbiosystems.com. Emerald BioSystems will take reasonable steps to update or correct personally identifiable information in its possession that you have previously submitted via this Website.
Copyright and Trademark Notices
Emerald BioSystems and the Emerald BioSystems logo are trademarks of Emerald BioSystems, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners. The trademarks, service marks, trade names, trade dress and products in this Website are protected in the United States and internationally. No use of any of these may be made without the prior, written authorization of Emerald BioSystems or any other owner thereof except to identify the products or services of the company. Any Materials printed from this Website must bear the following notice in addition to any other copyright or proprietary notices contained on the Materials: Copyright © Emerald BioSystems, Inc. 1995-2005. All rights reserved.
Ordering Products
Emerald BioSystems may offer products for sale on this Website. Purchasing procedures are contained elsewhere on this Website. You are fully responsible for any information or specifications you provide for the products. You should review the product specifications, instructions and information enclosed with any product that you purchase using this Website for specific terms of use for the product. While Emerald BioSystems will use its best efforts to fulfil all orders, it cannot guarantee the availability of a particular product displayed on this Website. Emerald BioSystems reserves the right to discontinue the sale of any product listed on this Website at any time without notice. The prices displayed on this Website are quoted in U.S. dollars and do not include shipping or handling charges or applicable sales or similar taxes.
About Children
This Website is not intended for children under the age of 18. Emerald BioSystems will not knowingly collect information from Website visitors in this age group.
Forward-Looking Statements
The information contained in the Emerald BioSystems Website may contain forward-looking statements. These statements relate to future events or EMERALD BIOSYSTEMS’ future financial performance. In some cases, forward-looking statements can be identified by terminology such as "may," "will," "should," "could," "expect," "plan," "anticipate," "believe," "estimate," "predict," "intend," "potential" or "continue" or the negative of such terms or other comparable terminology. Actual events or results may differ materially from those anticipated in these forward-looking statements. Factors that may cause such difference include, but are not limited to, those discussed in EMERALD BIOSYSTEMS’ Annual Report on Form 10-K and other filings with the U.S. Securities and Exchange Commission. Emerald BioSystems assumes no obligation to update any forward-looking statements.
Other Legal Matters
This Website is controlled by Emerald BioSystems, Inc. from its offices on Bainbridge Island, Washington State, USA. Emerald BioSystems makes no representations that materials in this Website are appropriate or available for use in other locations and those who choose to access this Website from other locations are solely responsible for compliance with any and all local laws to the extent local laws apply. In particular, you should not construe anything on this Website as a promotion or solicitation for any product or use of any product that is not authorized by the laws and regulations of the place where you are located. No information or content from this Website may be downloaded, exported or re-exported, and no product purchased through this Website may be exported or re-exported, into (or to a national or resident of) any countries that are subject to U.S. export restrictions. The Terms and Conditions of Use for this Website shall be governed by and construed in accordance with the laws of the State of Delaware and any action you bring to enforce the Terms and Conditions of Use shall be brought either in State or Federal Courts located in Delaware. Copyright © Emerald BioSystems, Inc. 1995-2005. All rights reserved.